1 2025:CGHC:57126 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ACQA No. 418 of 2019 1 - Manju Dwivedi W/o Dhirendra Dwivedi Aged About 26 Years R/o Quarter No. 46, J.P. Vihar, Mangla, Bilaspur, District Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh ... Appellant versus 1 - State Of Chhattisgarh Through Station House OfÏcer, Police Station Civil Line, District Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh 2 - Indu Dwivedi W/o Laxmi Prasad Dwivedi Aged About 61 Years R/o Jamanipali Sada Colony, Lig 962, Police Station Darri, District Korba, Chhattisgarh, District : Korba, Chhattisgarh 3 - Laxmi Prasad Dwivedi S/o Late Heera Lal Dwivedi Aged About 63 Years R/o Jamanipali Sada Colony, Lig 962, P.S. Darri District Korba, Chhattisgarh 4 - Dhirendra Dwivedi S/o Laxmi Prasad Dwivdedi Aged About 35 Years R/o Jamnipali Sada Colony, Lig 962, P.S. Darri, District Korba, Chhattisgarh, District : Korba, Chhattisgarh ... Respondent(s) (Cause title as taken from Case Information System) RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.11.25 18:16:43 +0530 2 For Apellant/Complainant : Mr. Aditya Tiwari, Advocate. For State/Respondent No.1 : Mr. Shailesh Kumar Puriya, Panel Lawyer Hon'ble Shri Justice Naresh Kumar Chandravanshi Order Sheet 25/11/2025 1. Heard. 2. At the very outset, learned counsel for the appellant would submit that this Acquittal Appeal has been filed by the appellant/complainant against impugned judgment dated 05.02.2019 (Annexure A/1) passed by Judicial Magistrate First Class, Bilaspur, District – Bilaspur, whereby, respondents No.2 to 4 have been acquitted from the offence under Section 498-A of Indian Penal Code. He further submits that since appellant/complainant herself is a victim in the instant case, therefore, she want to file an appeal against the impugned judgment (Annexure A/1) before the learned Sessions Judge in view of the proviso of Section 372 of Criminal Procedure Code (henceforth Cr.P.C.), therefore, he seeks permission of this Court to withdraw this appeal with liberty to file an appeal before the concerned Sessions Court. 3. Learned counsel for the respondent-State has not objected the prayer made by the learned counsel for the appellant. 3 4. In view of the above, since the appellant/complainant is victim herself of instant case, therefore, she has right to file an appeal before the Sessions Court, against the impugned judgment (Annexure A/1) passed by Judicial Magistrate First Class, Bilaspur, District – Bilaspur under proviso of Section 372 of Cr.P.C., therefore, the appellant is permitted to withdraw the instant Acquittal Appeal with a liberty to file an appeal before the concerned Sessions Court within 30 days from today. 5. It is further made clear that if such an appeal is filed before the concerned Court within stipulated period given by this Court, it would not insist upon the limitation while deciding the same and will proceed to decide the same in accordance with law. 6. Registry shall return the certified copy of the impugned judgment (Annexure A/1) to counsel for the appellant after retaining xerox copy of the same. 7. Registry shall send back the record to the concerned Court. 8. Accordingly, the Acquittal Appeal stands disposed of. 9. Pending interlocutory application(s), if any, also stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Ravi Mandavi